36-495. Definitions In this chapter, unless the context otherwise requires: 1. " Compliance testing" means laboratory analysis of any matter, pollutant, contaminant, hazardous substance or other substance subject to regulation pursuant to: (a) Title 49 or rules adopted or enforced by the department of environmental quality for the purpose of determining compliance with title 49. […]
36-495.01. Licensure program; rules A. On or before July 1, 1991, the department shall license environmental laboratories engaged in compliance testing. Upon application for an environmental laboratory license, the department shall issue the license if, after investigation, the department determines that the application conforms with the standards established by the department. B. The director shall […]
36-495.02. Exemptions A. This chapter does not apply to an environmental laboratory in this state that is: 1. Certified or designated by the United States environmental protection agency as the laboratory that provides analytical services to this state required for the delegation of primary enforcement responsibility under a federal law or regulation administered by that […]
36-495.03. License application; issuance; expiration A. Unless exempted pursuant to section 36-495.02, a person who operates or maintains an environmental laboratory located in this state shall file an application with the department at least thirty days before the anticipated operation of a new laboratory for an environmental laboratory license accompanied by the license application fee […]
36-495.04. Laboratory director; duties The director of an environmental laboratory shall: 1. Ensure that all services and tests provided by the laboratory are performed in compliance with this chapter or rules adopted pursuant to this chapter. 2. Direct and supervise services and tests provided by the laboratory and be responsible for the work of all […]
36-495.05. Provisional licenses A. The department may issue a provisional license for a period of not more than twelve months at the time it issues a notice of suspension of a regular license. The department may suspend a regular license if an inspection or investigation of a laboratory reveals a violation of the rules adopted […]
36-495.06. Fees A. The department shall charge and collect a nonrefundable fee for a regular or a renewal license. B. The director shall establish by rule a fee schedule that does not exceed the cost to the department to conduct an on-site inspection, approve third party accreditation, verify information submitted with the application and other […]
36-495.07. Inspection; investigations A. The department may make an initial inspection, and thereafter an annual inspection, of each laboratory to determine compliance with this chapter or rules adopted pursuant to this chapter. B. An application for licensure pursuant to this chapter constitutes permission for the department’s entry or inspection of the laboratory during the pendency […]
36-495.08. Reports by laboratories A laboratory shall make available to the department on written request information and data concerning its operation, techniques and procedures. The department may require that the information be submitted under oath and signed by the owner or director of the laboratory. The department may require the laboratory director or owner to […]
36-495.09. Suspension, revocation or denial of license; hearing A. Pursuant to title 41, chapter 6, article 10, the director may deny, revoke or suspend the license of a laboratory if its owners, officers, agents or employees do any of the following: 1. Violate this chapter or rules adopted pursuant to this chapter. 2. Issue or […]
36-495.10. Operation of unlicensed laboratory; cease and desist order; injunction; letter A. The operation or maintenance of an environmental laboratory that does not hold a current or valid license or that exceeds the range of the services or tests authorized by a license issued pursuant to this chapter is a public nuisance. The director, in […]
36-495.11. Violation; classification A. A person is guilty of a class 3 misdemeanor if he: 1. Operates, maintains, directs or engages in the business of operating an environmental laboratory without a license issued by the department. 2. Knowingly violates a provision of this chapter or a rule adopted pursuant to this chapter. B. Each day […]
36-495.12. Violations; civil penalties A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this chapter after a hearing is conducted pursuant to title 41, chapter 6, article 10. Each day that a violation continues constitutes a separate violation. B. The attorney general […]
36-495.13. Powers of the director A. In addition to the rules required by section 36-495.01, the director may adopt other rules and prescribe forms that are necessary for the administration and enforcement of this chapter. B. The director may issue interpretive guidelines on subjects relating to the rules adopted under this chapter. C. The director […]
36-495.14. Out-of-state laboratories; licensure; reciprocity A. Except as provided in this section, a laboratory located outside of this state that performs compliance testing shall be licensed pursuant to this chapter. The laboratory shall pay all applicable fees and is subject to the same investigatory and disciplinary powers of the department. In addition, the department, by […]
36-495.15. Environmental laboratory licensure revolving fund; use A. The environmental laboratory licensure revolving fund is established in the department which consists of monies from gifts, grants, donations, fees derived from department sponsored workshops, conferences and seminars and fees collected pursuant to this chapter. B. Subject to legislative appropriation, monies in the fund shall be used […]
36-495.16. Environmental laboratory advisory committee; membership; duties; compensation A. The environmental laboratory advisory committee is established consisting of members selected by the director. The director shall select members who represent a variety of persons affected by this article. Committee members serve at the pleasure of the director. B. The committee shall advise the director regarding […]
